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2006 LAWS OF MARYLAND
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Ch. 372
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"Jury plan" § 8-101
"Qualified juror" § 8-101
8-402. DISQUALIFICATION, EXCUSAL, OR EXEMPTION FROM OR POSTPONEMENT OF
DUTY.
(A) AUTHORIZED.
SUBJECT TO THE REQUIREMENTS OF THIS SECTION, A JURY JUDGE OR, IF A
COUNTY'S JURY PLAN ALLOWS, ITS JURY COMMISSIONER MAY DISQUALIFY, EXCUSE,
OR EXEMPT AN INDIVIDUAL WHO IS SUMMONED FOR JURY SERVICE OR POSTPONE
JURY SERVICE.
(B) DISQUALIFICATION.
AN INDIVIDUAL MAY BE DISQUALIFIED ONLY ON THE BASIS OF INFORMATION
PROVIDED ON A JUROR QUESTIONNAIRE OR DURING AN INTERVIEW OR OTHER
COMPETENT EVIDENCE.
(C) EXCUSAL.
(1) TO BE EXCUSED, AN INDIVIDUAL SHALL SHOW, ON A JUROR
QUESTIONNAIRE, DURING AN INTERVIEW, OR BY OTHER COMPETENT EVIDENCE,
THAT EXTREME INCONVENIENCE, PUBLIC NECESSITY, OR UNDUE HARDSHIP
REQUIRES EXCUSAL.
(2) AN INDIVIDUAL MAY BE EXCUSED:
(I) ONLY FOR THE PERIOD THAT THE JURY JUDGE OR JURY
COMMISSIONER CONSIDERS NECESSARY; AND
(II) NOT MORE THAN TWICE UNLESS THE JURY JUDGE FINDS THAT
THE INDIVIDUAL HAS SHOWN AN EXTRAORDINARY CIRCUMSTANCE THAT REQUIRES
AN ADDITIONAL EXCUSE.
(3) WHEN THE PERIOD SET UNDER THIS SUBSECTION EXPIRES, A JURY
COMMISSIONER AGAIN SHALL SUMMON THE INDIVIDUAL FOR JURY SERVICE.
COMMITTEE NOTE: Subsections (a) through (b)(2), (c)(2)(i), and (b)(3) of this
section are new language derived from former CJ § 8-210(a) and the first
and second sentences of § 8-207(a) are revised to apply to exemption and
postponement and to allow a jury commissioner to act as individuals if a
jury plan so allows. See revised CJ § 8-215.
Subsection (c)(2)(ii) of this section is new and added to prevent complete
avoidance of jury service.
In subsections (a) through (c) of this section, the word "individual" is
substituted for the former word "person" to emphasize that only a natural
being qualifies for jury service. As to "person", see Art. 1, § 15 of the Code.
Subsection (c)(3) of this section is revised in the active voice to state
expressly that which only was implied in former CJ § 8-210(a) that a jury
- 1984 -
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